G.R. NO. 172226 - THE PEOPLE OF THE PHILIPPINES, VS. HERMINIGILDO SENIERES,D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, Judgment is hereby rendered as follows: In Criminal Case No. 16691-R, the Court finds the accused Herm[e]nigildo Senieres guilty beyond reasonable doubt of the offense of rape as charged in the Information, defined and penalized under Section 2, Par. 1 (a) and (d) of Republic Act [No.] 8353 which amended Article 335 of the Revised Penal Code * and hereby sentences him to suffer the penalty of Reclusion Perpetu a; to indemnify the complainant [AAA] the sum of P100,000.00 as Moral Damages without subsidiary imprisonment in case of insolvency; and to pay the costs. The accused Herm[e]nigildo Senieres, being a detention prisoner, is entitled to be credited 4/5 of his preventive imprisonment in the service of his sentence in accordance with Article 29 of the Revised Penal Code. In Criminal Case No. 16692-R, the Court finds the accused Herm[e]nigildo Senieres Guilty beyond reasonable doubt for (sic) the offense of rape committed on December 17, 1998 as charged in the Information, defined and penalized under Sec. 2, Par. 2 of Republic Act [No.] 8353* and hereby sentences him, applying the Indeterminate Sentence Law, to suffer imprisonment ranging from four (4) years two (2) months and one (1) day of prision correccional as Minimum to ten (10) years and one (1) day of Prision Mayor as Maximum, to indemnify the offended party [AAA] the sum of P20,000.00 as Moral Damages without subsidiary imprisonment in case of insolvency and to pay the costs. The accused Herm[e]nigildo Senieres, being a detention prisoner, is entitled to be credited 4/5 of his preventive imprisonment in the service of his sentence in accordance with Article 29 of the Revised Penal Code. SO ORDERED.